This statute covers simple possession of a controlled substance. A controlled substance is a drug or chemical whose manufacture, possession and use are regulated by the government under the United States Controlled Substance Act. Common controlled substances that fall under this statute include cocaine, opiates and their derivatives, heroin, gamma-hydroxybutyric acid ("GHB"), as well as peyote and certain other hallucinogens.
Defendant's charged with violating this section have the opportunity, if eligible, to participate in the PC 1000 or Prop 36 diversion programs, where upon a defendant's successful completion, the case will be dismissed.
At Glew & Kim, the majority of our cases involve narcotics offenses, and we specialize in the nuances of narcotics laws, including medical marijuana, marijuana DUI, juvenile drug offenses, and federal drug offenses. We focus narcotics defense on obtaining treatment for our clients instead of incarceration.
If you or a loved one are facing charges for possession of a controlled substance, don't wait. Contact Glew & Kim for a free consultation regarding your case.
California Health and Safety Code Section 11350
"(a) Except as otherwise provided in this division, every person who possesses (1) any controlled substance specified in subdivision (b) or (c), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code."